The Darwin Asylum Seeker Support and Advocacy Network released the statement below on July 31.
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The Darwin Asylum Seeker Support and Advocacy Network (DASSAN) has called for an overhaul of the Department of Immigration’s character test procedures for refugees following the appearance today of a refugee at the Darwin Magistrates Court on minor property damage charges.
Mr Ali Al-Hamid has been in detention for 22 months and today pled guilty to breaking windows at Darwin’s Northern Immigration Detention Centre in October last year. Al-Hamid was found to be a refugee in January 2012 but has remained in immigration detention awaiting the finalisation of today’s charges because the Minister for Immigration refuses to conduct the character test, the final test required prior to the granting of a protection visa, while there is an ongoing criminal investigation against a person. Al-Hamid was placed on a 12 month good behaviour bond and no conviction was recorded.
DASSAN spokesperson Rohan Thwaites said: “This matter demonstrates why the Minister for Immigration should not have the power to detain people indefinitely. In circumstances where there has been a delay in conducting a character check the minister should be required to show cause why the delay has occurred and why the person must remain in detention. Immigration detention is the only place in Australia where people can be locked up indefinitely by a politician.”
Thwaites also criticised the Australian Federal Police (AFP) for taking eight months to investigate the incident. The AFP interviewed Al-Hamid two months after the incident in October 2011 and he admitted to breaking the windows out of frustration with his situation. Despite this, the AFP did not conclude its investigation until June 2012.
Thwaites said: “It was only through the involvement of Mr Al Hamid’s barrister, Mark Thomas, that Ali’s case made it to court today. Prior to Mr Thomas’ involvement in this matter it would appear that the AFP had done nothing for eight months and that they and the Department of Immigration were content to leave Mr Al-Hamid to wait in limbo in detention, like dozens of other people around Australia in similar situations.”